7Affidavits

7 Affidavits

(1)  If a respondent to an application under Part XA of the Act wishes to defend the application, the respondent may file an affidavit in reply at the earliest practicable date before the return date of the application.

(2)  Subrule (1) does not apply to an application –

(a) under section 106B(3) of the Act for leave to make an application for a restraint order; or

(b) under section 106G(2) of the Act for leave to make an application for the variation, extension or revocation of a restraint order; or

(c) under section 106GA(1) of the Act for the registration of an external restraint order; or

(d) for leave to be granted, as referred to in section 106GD(1)(d) of the Act, to make an application for the variation, variation of the period of effect or cancellation of the registration of a registered external restraint order.

(3)  An affidavit under subrule (1) is to be in concise language and to contain only –

(a) relevant answers made to the affidavit or statutory declaration given in support of the application; and

(b) any other relevant matters necessary –

(i) to support the case of the party by whom the affidavit is to be filed; and

(ii) to enable the issues to be defined.

(4)  An affidavit filed in accordance with subrule (1) is to be served on the other party to the proceedings as soon as practicable after the affidavit is filed.

(5)  Rule 20 of the Justices Rules 2003 applies to the service of an affidavit under as if a reference to a summons in that rule were a reference to an affidavit filed under .